Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:06-cv-00936-TCW

Document 19-3

Filed 07/18/2008

Page 1 of 3

EXHIBIT 2

Case 1:06-cv-00936-TCW

Case 6:06-cv-00559-RAW Document 40

Document 19-3 Filed 07/18/2008 Page 2 of 3 Filed in USDC ED/OK on 06/19/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED KEETOW AH BAND OF )
CHEROKEE INDIANS IN OKLAHOMA, )

v. )
Before the court is the motion of

Plaintiff, )
)

)

aI., )
)

Case No. CIV-06-559-RA W

THE UNITED STATES OF AMERICA, et )
)

Defendants. )
ORDER
the plaintiff

)

to transfer venue, to which defendants

have responded in opposition. "The Section l404(a) transfer motion need not be made by
the defendant . . . and there is very substantial authority . . . for the proposition that the .

motion also may be made by the plaintiff." 15 Wright, Miler & Cooper, Federal P'actia
and Procedure, §3844 at 29-30 (3d ed. 2007).

The statute affords the district court broad discretion to adjudicate motions to transfer

based upon a case-by-case review of convenience and fairness. Chrysler Credit Corp. v.
Country Chrysler, Inc., 928 F.2d 1509, 1516 (loth Cir.1991). This court has considered the

pertinent factors. !d. Of especial prominence in the case at bar, thirty-seven "tribal trust"
cases of this type are presently pending before the District of Columbia court. The motion
wil be granted.

.(

Case 1:06-cv-00936-TCW Document 19-3 Filed 07/18/2008 Page 3 of 3 Case 6:06-cv-00559-RAW Document 40 Filed in USDC ED/OK on 06/19/2008 Page 2 of 2

It is the Order of

the Court that the motion of

the plaintiff

to transfer (#38) is hereby

GRANTED. This action is hereby transferred to the United States District Court for the
District of

Columbia pursuant to 28 U.S.C. §1404(a).

ORDERED THIS 19th DAY OF JUNE, 2008.

Dated this 19th Day of June 2008.
J4h4iO

Ronald A.Whte

t2A'~

United States Distrct Judge Eastern Distrct of Oklahoma

2